1. If a devisee dies before the testator, leaving issue who survive the testator, the devisee’s issue who survive the testator shall inherit the property devised to the devisee per stirpes, unless from the terms of the will, the intent is clear and explicit to the contrary. \n Tue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) 61 PROBATE CODE, §633.276\n\n 2. A person who would have been a devisee under a class gift, if the person had survived the testator, is treated as a devisee for purposes of this section, provided the person’s death occurred after the execution of the will, unless from the terms of the will, the intent is clear and explicit to the contrary. [C51, §1287; R60, §2319; C73, §2337; C97, §3281; C24, 27, 31, 35, 39, §11861; C46, 50, 54, 58, 62, §633.16; C66, 71, 73, 75, 77, 79, 81, §633.273] 89 Acts, ch 130, §1; 95 Acts, ch 63, §5 Referred to in §633.273A, 633.274 \n
Notes of Decisions
Matter of Est. of Kalouse, 282 N.W.2d 98 (Iowa 1979).
· cites it 5× “This statute provides in section 633.273, The Code 1977: "If a devisee die before the testator, his heirs shall inherit the property devised to him, unless from the terms of the will, the intent is clear and explicit to the contrary.”
In Re Will of Uchtorff, 693 N.W.2d 790 (Iowa 2005).
· cites it 4× “Iowa Code § 633.273 (1); cf. In re Estate of Cole, 549 N.”
Matter of Est. of Micheel, 577 N.W.2d 407 (Iowa 1998).
· cites it 8× “326, § 273 (codified at Iowa Code § 633.273 (1966)). The change certainly does not lessen the burden on those seeking to avoid application of the antilapse statute.”
Matter of Est. of Arends, 311 N.W.2d 686 (Iowa Ct. App. 1981).
· cites it 6× “Arends, would be distributable pursuant to the anti-lapse statute (section 633.273, The Code). Because we are in complete agreement with the third contention argued by respondents which, if accepted, is fully dispositive of all claims involved, we make no determination…”
Ritz v. Selma United Methodist Church, 467 N.W.2d 266 (Iowa 1991).
“If such legatees died before the testator, their interest shall be distributed in accordance with § 633.273. If these legatees died after the testator, their interests to Opal’s personal property vested upon her death.”
Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006).
“§ 5/4-11 (West 1992) (“[ujnless the testator expressly provides otherwise in his will”); Iowa Code Ann. § 633.273 (2) (West 1992) (“unless from the terms of the will, the intent is clear and explicit to the contrary”); Kan.”
In Re the Est. of Lemke, 216 N.W.2d 186 (Iowa 1974).
“Furthermore, since Clarence survived testator our antilapse statute, Code § 633.273, by its own terms, is instantly inapplicable.”
Matter of Est. of Kern, 274 N.W.2d 325 (Iowa 1979).
“This appeal involves an attack upon the testamentary branch of the worthier title doctrine in the context of the antilapse statute, § 633.273, Iowa Probate Code. Testatrix Annie I.”
Matter of Est. of Grulke, 546 N.W.2d 626 (Iowa Ct. App. 1996).
· cites it 2× “Iowa Code § 633.273 (1993) (emphasis added).”
Uchtorff v. Hanson, 693 N.W.2d 790 (Iowa 2005).
· cites it 4× “Iowa Code § 633.273 (1); cf. In re Estate of Cole, 549 N.”
Arends v. Olson, 311 N.W.2d 686 (Iowa Ct. App. 1981).
· cites it 6× “Arends, would be distributable pursuant to the anti-lapse statute (section 633.273, The Code). Because we are in complete agreement with the third contention argued by respondents which, if accepted, is fully dispositive of all claims involved, we make no determination…”
Larson v. Anderson, 167 N.W.2d 640 (Iowa 1969).
· cites it 2× “Section 633.273, Code of Iowa, provides : “Antilapse statute.”
— Iowa Code § 633.273(1) — 2 cases
Matter of Est. of Micheel, 577 N.W.2d 407 (Iowa 1998).
“326, § 273 (codified at Iowa Code § 633.273 (1966)). The change certainly does not lessen the burden on those seeking to avoid application of the antilapse statute.”
Annotations are extracted automatically from the opinions in the
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